SB318: Bill Text

SB318,4,14 (f) Identification of any translating services that may be available at the primary practice location.

SB318,4,15 (g) Names of hospitals where the physician has staff privileges.

SB318,4,17 (h) Indication whether the physician participates in the medical assistance program and in the medicare program.

SB318,4,19 (i) Education appointments and indication whether the licensee has had a responsibility for graduate medical education within the preceding 10 years.

SB318,4,20 (j) A description of any felony conviction within the preceding 10 years.

SB318,4,22 (k) A description of any final board disciplinary action taken within the preceding 10 years.

SB318,4,24 (L) A description of any final disciplinary action taken by a licensing board of another jurisdiction reported to the board within the preceding 10 years.

SB318,5,3 (m) A description of any medical assistance program decertification or suspension within the preceding 10 years that is required to be reported to the board under s. 49.45 (2) (a) 12r.

SB318,5,6 (n) A description of any loss or reduction of hospital staff privileges or resignation from hospital staff within the preceding 10 years that is required to be reported to the board under s. 50.36 (3) (b) and (c).

SB318,5,10 (o) Subject to sub. (4) (e), a description of any disciplinary action taken by a limited service health organization, preferred provider plan or managed care plan within the preceding 10 years that is required to be reported to the board under s. 609.17.

SB318,5,13 (p) Subject to sub. (4) (e), a description of any action taken by an insurer against a physician within the preceding 10 years that is required to be reported to the board under s. 632.715.

SB318,5,16 (q) A description of any exclusion from participation in the medicare program and federally approved or funded state health care programs within the preceding 10 years that is required to be reported to the board under 42 CFR 1001.2005.

SB318,5,19 (r) A description of any medical malpractice claims paid by the patients compensation fund or other insurer within the preceding 10 years that is required to be reported to the board under s. 655.26.

SB318,5,22 (s) A description of any amount of settlement or award to a claimant in a medical malpractice action within the preceding 10 years that is required to be reported to the board under s. 655.45.

SB318,5,23 (t) Any other information required by the board by rule.

SB318,6,6 (2) Agency cooperation and coordination. The department of regulation and licensing and the department of health and family services shall cooperate with the board in implementing this section. The board, department of regulation and licensing and department of health and family services shall avoid to the extent practicable duplication in the collection and dissemination of the information required under this section and shall coordinate the sharing of information and resources in a manner that permits the board to carry out its duties under this section efficiently and effectively.

SB318,6,13 (3) Information available from other sources; links to Web sites. The board shall determine whether any of the information that is required under this section to be made available to the public is accessible at no cost to the public through a Web site developed by another source. If the board makes that determination, it shall include on any Web site it develops to disseminate information under this section, in place of providing the information through the board's own Web page, a link to the other Web site if all of the following apply:

SB318,6,18 (a) The information on an individual physician licensed in this state is accessible on the other Web site through reasonable effort and, if links to more than one Web site are utilized to provide access to different information at each Web site, the cumulative effort to obtain information on a physician licensed in this state is reasonable.

SB318,6,21 (b) The information available through the other Web site otherwise complies with this section and in the judgment of the board meets reasonable standards of accuracy.

SB318,6,24 (c) Utilization of the link to the other Web site, or the cumulative effect of utilizing more than one link to other Web sites, in place of providing the information through the board's own Web page, will result in cost savings to the department.

SB318,7,3 (4) Requirements related to reported information. (a) The information reported under this section shall be reported in nontechnical language that is capable of being understood by the general public.

SB318,7,6 (b) Dispositions of paid medical malpractice claims shall be reported in a minimum of 3 graduated categories, indicating the level of significance of the amount of the award or settlement.

SB318,7,9 (c) Information concerning paid medical malpractice claims shall be given context by comparing the physician's medical malpractice judgment awards and settlements to the experience of other physicians in the same specialty.

SB318,7,14 (d) Information concerning medical malpractice settlements shall include the following statement: "Settlement of a claim may occur for a variety of reasons that do not necessarily reflect negatively on the professional competence or conduct of the physician. A payment in settlement of a medical malpractice action or claim should not be construed as creating a presumption that medical malpractice has occurred."

SB318,7,20 (e) If the board determines that an action that otherwise is required to be described and made available to the public under sub. (1r) (o) or (p) is the result of a business or economic decision by the person taking the action and does not involve conduct by the physician that appears to relate to possible unprofessional conduct or negligence in treatment, the board may omit that action from the information made available to the public.

SB318,7,22 (f) The board may include any other explanations of the information made available to the public that the board considers desirable.

SB318,7,25 (5) Duty to provide and opportunity to correct and delete information. (a) A physician shall provide any information requested by the board that the board determines is necessary to comply with this section.

SB318,8,6 (b) The board shall provide a physician with a copy of his or her information prior to its initial release and prior to the inclusion of any change in the information. A physician shall be provided a reasonable time to correct factual inaccuracies that appear in the information before the information is released to the public. This paragraph does not apply to information on a physician made available by means of a link to another Web site under sub. (3).

SB318,8,9 (c) A physician may decline to provide the information specified in sub. (1r) (i). When the board collects information included in sub. (1r), the board shall notify the physician of the option not to provide that information.

SB318,8,12 (6) Information not exception to hearsay rule nor self-authenticating. Information that is made available by the board under this section is not an exception under s. 908.03 (8) to the hearsay rule and is not self-authenticating under s. 909.02.

SB318,8,15 (7) Program funded by surcharge on license renewal fee. Costs incurred by the department under this section shall be funded by a surcharge on the fee specified in s. 440.08 (2) (a) 58., as determined under s. 440.03 (9) (c).

SB318,8,18 (8) Application to physician holding temporary license. The board by rule shall determine whether and the extent to which this section applies to a physician who holds a temporary license to practice medicine and surgery.

SB318, s. 5 Section 5. Effective date.

SB318,8,21 (1) This act takes effect on the first day of the 12th month beginning after publication.

SB318,8,22 (End)